Jennifer Berg's lawyer denies Lee County audit's accusations

Jul. 22, 2013

Jennifer Berg. / news-press.com

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A lawyer Monday denied Lee County’s ex-Economic Development Marketing Director Jennifer Berg violated state laws, routed her husband’s company contract work and influenced a county-backed loan to his company.

Berg’s attorney, Tim Pritt, writes a Clerk of Court audit released last week placed the former county employee in a “false light,” according to a an email he sent to Clerk of Court Linda Doggett.

“In fact Mrs. Berg had not done anything improper and had comported herself in a competent and professional manner throughout her entire 10-year career in the Lee County Economic Development Office,” Pritt wrote in an email sent out Sunday evening.

Clerk of Court auditors found that Florida’s conflict-of-interest laws may have been violated, because a company owned by Berg’s husband received a $75,000 loan backed by a county agency.

Berg also routed marketing business to her husband’s company – another possible violation of state law, according to the audit.

While Berg was the department’s marketing director, Pritt said she wasn’t involved in the contract that sent marketing business to her husband’s company, BB Direct.

“Everything that was done with regard to the Chisano matter, we think, was not done by her it was done by others and she was not involved,” Pritt said.

BB Direct was contracted through Chisano Marketing, which has received $1.5 million from Lee’s Industrial Development Authority – a commission appointed board that received county and private funds.

Clerk of Court Linda Doggett said auditors do not accuse Berg of breaking state laws, because they’re not legal authorities.

“It’s something that we can’t make the judgment call on, but wanted someone to look at it,” Doggett said.

Pritt faults Clerk of Court auditors for not interviewing Berg before the draft audit was publicly released by county administrators.

“In my opinion they’ve got to at least try to confirm and find out differently; do something that would give her a chance to know what it is they’re talking about and give her a chance to respond to it,” Pritt said.

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Berg did not return calls last week or immediately this morning. Her husband, Brian Berg, did not return calls for comment last week or immediately this afternoon. Pritt said he doesn’t want Berg to speak publicly about the matter at this point.

Doggett said she will consider interviewing Berg before the final audit is released. The final audit Doggett said will be released at the end of July or in early August.

The draft version, Doggett said, inadvertently became public last week after County Manager Roger Desjarlais emailed it to commissioners.

Pritt declined to comment as to why Berg abruptly resigned in May. Economic Development Director Jim Moore has also declined to comment on whether information uncovered by auditors led to Berg’s resignation.

Pritt said the $75,000 loan to BB Direct was never reported as delinquent or in default.

“There was never any trouble that we know of whatsoever,” Pritt saidAccording to Clerk of Court auditors, the $75,000 loan should have been repaid within two years.

The loan, however, wasn’t repaid until more than two and a-half years later -- July 15 – the same day the Clerk’s audit was released to commissioners and news organizations, according to the audit and email records.